Can I apply N400 while outside USA? + Continuous Residency Requirement

C

cooldude12345

Registered Users (C)
Hello Everyone,

I've 2 questions:

1. Can I apply for N400 while outside USA?

2. I've finished 4 years without any more_than_180_days vacaction gap, but need to go out of country for next 10 months. So, I want to make sure that I will be still eligible for Citizenship filing as I might be breaking the rule of less_than_6_months_trip outside.

Basically, I will be outside USA when 57 month trigger kicks off. At that time, however I will be out of country and will be out for almost 10 months on the day of sending the N400. So, wanted to make sure that the section in N400 that asks for all trips outside won't create any issue for me.

Otherwise, i have all clear tax filings etc etc. that I can submit to show the "good" standing of residency proof.

I would greatly appreciate if you can reply with details for this case.

Thanks much.
Jain
 
cooldude12345 said:
Hello Everyone,

I've 2 questions:

1. Can I apply for N400 while outside USA?

2. I've finished 4 years without any more_than_180_days vacaction gap, but need to go out of country for next 10 months. So, I want to make sure that I will be still eligible for Citizenship filing as I might be breaking the rule of less_than_6_months_trip outside.

Basically, I will be outside USA when 57 month trigger kicks off. At that time, however I will be out of country and will be out for almost 10 months on the day of sending the N400. So, wanted to make sure that the section in N400 that asks for all trips outside won't create any issue for me.

Otherwise, i have all clear tax filings etc etc. that I can submit to show the "good" standing of residency proof.

I would greatly appreciate if you can reply with details for this case.

Thanks much.
Jain
Click to expand...
You must have 5 years of continuous resident before you can apply. Leaving for a 10 month trip will assume break in your continuous residency, unless you have extensive proof of US residency ties including maintaining primary abode in US, immediate family (spouse, kids) in US, and US assets. Tax transcripts are not sufficient to prove residency ties.

You can apply up to 3 months prior to meeting 5 years of continuous residency, but in your case the 10 month trip will presume a break in continuous residency so applying before you leave is too risky, not to mention the fact that you would have to return to US for FP, interview and oath.
 
I thought, they require 30 months of break-free (not more than 180 days outside USA) stay to make sure the continuous residency.

As, i've already been in USA for last 4 years and without any breaks (of more than 180 days outside USA), i thought i don't need to worry about 10 month leave during the 4th year.

Isn't it so?

Thanks again.
 
Your understanding is incorrect. For continuous residence, they look at absences during the past 5 years as a permanent resident, and also absences during the N-400 process until the oath.

The 30 month requirement is for physical presence -- that's a different requirement, in addition to the continuous residence requirement.

Read the Guide To Naturalization. www.uscis.gov/files/article/M-476.pdf
 
cooldude12345 said:
I thought, they require 30 months of break-free (not more than 180 days outside USA) stay to make sure the continuous residency.
Click to expand...
The 30 months you are referring to is for physical presence, not continuous residency. You must have at least 30 months of physical presence in the previous 5 years before you apply, and you also must have 5 years of continuous residency up until the oath.
 
cooldude12345 said:
I thought, they require 30 months of break-free (not more than 180 days outside USA) stay to make sure the continuous residency.

As, i've already been in USA for last 4 years and without any breaks (of more than 180 days outside USA), i thought i don't need to worry about 10 month leave during the 4th year.

Isn't it so?

Thanks again.
Click to expand...

Dude,

If you can avoid this 10 months overseas adventure, please do so for your own health and peace of mind. We have 2 people on this board whose travels has come back to chew their behinds, and now they have cushion butts. USCIS has sunk teeth on some applicants, especially if the adjudicator is inexperienced and has never dealt with some extensive or minimal travel which is confuses them, NOT the law. If you can be overseas for 3 months and come back to the US for a couple of months and move abroad again, it might soften the impact of the trip being the focus of the N400 interview.
 
Anyway, to address the OP's main question -- yes, you can submit the N-400 when you are outside the US. However, you still have to ensure you did not and do not spend so much time outside the US before or during the process that you fail to meet the continuous residence and physical presence requirements.
 
Thanks everyone for valuable info. I will make sure to take a trip of atleast 3-4 weeks to break this 10-month spell.

This outcome raises one more question:
Assuming, I am all good with "continuous residency" rule, if I am applying for N400 while outside USA, would they object seeing that info in N400 form in Part7? [In one of the row, there will be nothing in column "Date Returned to USA"]

The reason I am asking is - there is a requirement in instructions for 3 months of stay in USCIS state - per my understanding, that requirement is for recent 3-month stay while filing the N400. If my understanding is correct, then, won't this contradict with can_file_outside_usa statement above?

Thanks for helping out in understanding the whole requirement process.
 
Assuming, I am all good with "continuous residency" rule, if I am applying for N400 while outside USA, would they object seeing that info in N400 form in Part7?
Click to expand...
Not a problem, just update it at the interview.

The reason I am asking is - there is a requirement in instructions for 3 months of stay in USCIS state - per my understanding, that requirement is for recent 3-month stay while filing the N400. If my understanding is correct, then, won't this contradict with can_file_outside_usa statement above?
Click to expand...
There is no requirement to be physically in the US for 3 months immediately before applying. If you have already completed the 3 months in your state/district before leaving the US, then you return to the same area, you still would satisfy the 3 month district residence requirement.
 
Conflicting information from USCIS???

Jacko,

Thanks a ton for posting this excellent uscis link for info on naturalization eligiblity. And it also clearly says that in any given year you have to be in the US for at least 6 months or more during your 5 year period to meet both physical and continous residency.

In the same link, in the eligibility requirement worksheet/checklist, it lists something else. There it talks about having been out of the country between 6 months to 1 year but still fulfilling physical requirement of 30 months, and still being eligible to naturalize.

Am I reading it incorrectly. Frankly, understanding naturalization is no less than learning rocket science, so please bear with me as I understand it better each day.

Thanks again!


Jackolantern said:
Your understanding is incorrect. For continuous residence, they look at absences during the past 5 years as a permanent resident, and also absences during the N-400 process until the oath.

The 30 month requirement is for physical presence -- that's a different requirement, in addition to the continuous residence requirement.

Read the Guide To Naturalization. www.uscis.gov/files/article/M-476.pdf
Click to expand...
 
GC_TRAP said:
Thanks a ton for posting this excellent uscis link for info on naturalization eligiblity. And it also clearly says that in any given year you have to be in the US for at least 6 months or more during your 5 year period to meet both physical and continous residency.
Click to expand...

Where does it say that? I see no such requirement.
 
GC_TRAP said:
Jacko,

Thanks a ton for posting this excellent uscis link for info on naturalization eligiblity. And it also clearly says that in any given year you have to be in the US for at least 6 months or more during your 5 year period to meet both physical and continous residency.

In the same link, in the eligibility requirement worksheet/checklist, it lists something else. There it talks about having been out of the country between 6 months to 1 year but still fulfilling physical requirement of 30 months, and still being eligible to naturalize.

Am I reading it incorrectly. Frankly, understanding naturalization is no less than learning rocket science, so please bear with me as I understand it better each day.

Thanks again!
Click to expand...


Absolutely incorrect!!! You are misleading people.
 
I'm sorry...

for I meant something else altogether when I posted it. I did not mean that 6 months or more in a 5 year period, instead what I had meant was that in any given year of the 5 years, you had to have stayed in the US for over 6 months each. Does that sound right?
Have I got it right this time, or am I still going in circles.

But to quote USCIS's web link, on page 22, 23 it clearly says that you have to stay in the US at least six months or more each year for 5 years to prove continouse residency , but much later towards the end of the 58 page document, on page 56, in the Naturalization Eligiblility Worksheet, it talks about not taking a trip of more than one year outside the US without an approved N-470. This is in Attachment C. Here, it "seems" to suggest that if it's true, you can still file for naturalization.

Guys, I'm only trying to understand this process better because under normal circumstances I would have been eligible in 2012, but with one ong trip of more than six months and less than 12, I may have set myself back by a few years, if not longer.

Al Southner said:
Absolutely incorrect!!! You are misleading people.
Click to expand...
 
GC_TRAP said:
But to quote USCIS's web link, on page 22, 23 it clearly says that you have to stay in the US at least six months or more each year for 5 years to prove continouse residency , but much later towards the end of the 58 page document, on page 56, in the Naturalization Eligiblility Worksheet, it talks about not taking a trip of more than one year outside the US without an approved N-470. This is in Attachment C. Here, it "seems" to suggest that if it's true, you can still file for naturalization.
Click to expand...

Can you please paste the quote here. I just looked and did not find any such statement.
 
GC_TRAP said:
for I meant something else altogether when I posted it. I did not mean that 6 months or more in a 5 year period, instead what I had meant was that in any given year of the 5 years, you had to have stayed in the US for over 6 months each.
Click to expand...

I know that's what you meant, but I didn't see any requirement like that.

There is some mention of absences over 6 months, but that is different from staying in the US for 6 months in each year.
 
Last edited by a moderator:
Need to understand this more..

So, if I will be back in USA before 180 days is finished and make another trip of 150 days after staying 30 days, would that be a bad sign? Am I breaking any other rule of staying more than 180 days out of USA in the same year?

here's the timeline:
GC recd - Oct 04, 2006 (so, eligible to apply for N400 in July 2011)
Long vacation begins - Nov 1, 2010
Expected to return to USA (before 180 days finish) - April 15, 2011
Another outside-USA trip begins - May 15, 2011
Will apply for N400 while outside USA (i hope there should not be any issues)
Planning to be back for FP as soon as notice comes in mail.

Does above approach sound ok?

Thanks much.



Al Southner said:
Dude,

If you can avoid this 10 months overseas adventure, please do so for your own health and peace of mind. We have 2 people on this board whose travels has come back to chew their behinds, and now they have cushion butts. USCIS has sunk teeth on some applicants, especially if the adjudicator is inexperienced and has never dealt with some extensive or minimal travel which is confuses them, NOT the law. If you can be overseas for 3 months and come back to the US for a couple of months and move abroad again, it might soften the impact of the trip being the focus of the N400 interview.
Click to expand...
 
Hi. I have a question related to continuous residency as well.

I just left the US in Sept to study abroad for a year. In Dec, I returned for two weeks and filed the N-400.
I plan on going back for the FP and interview as and when required and for shorter trips when I have break from classes (summer etc)
I own property (rented out right now), file taxes, cell phone, bank accounts, health insurance (which I pay myself) and proof that I am indeed on a one year course.

I've never really left the country for more than a few weeks to a month for any year prior to 2010 and I know I don't really break Continuous Residency but will I be given a hard time at the interview you think?
 
cooldude12345 said:
Need to understand this more..

So, if I will be back in USA before 180 days is finished and make another trip of 150 days after staying 30 days, would that be a bad sign? Am I breaking any other rule of staying more than 180 days out of USA in the same year?

here's the timeline:
GC recd - Oct 04, 2006 (so, eligible to apply for N400 in July 2011)
Long vacation begins - Nov 1, 2010
Expected to return to USA (before 180 days finish) - April 15, 2011
Another outside-USA trip begins - May 15, 2011
Will apply for N400 while outside USA (i hope there should not be any issues)
Planning to be back for FP as soon as notice comes in mail.
Click to expand...

That sort of travel pattern puts you at risk of having the interviewer decide that you have broken continuous residence, unless you have an approved N-470 (which you apparently don't, as you said you're on a "long vacation").
 
Question on my stay outside US

I was in US from November 2008 to March 2012 i.e. 3 .5 years but due to my medical condition I had to return to India and I am still in India 9 October, 2012, which is 8 months.

Now my question is

1. if I go back will I be able to apply for green card.




2. While going with the new employer do I have to take the stamping again as my employer have notified the USCIS in July.

Your early reply will be appreciated. Thanks
 
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